The main problem was that the display was owned by the Town of Brookville and sat on the grounds of the Franklin County Courthouse.

In mid-December, after years of politely asking local officials to take care of this matter and nothing changing, FFRF filed a federal lawsuit against the county:

After receiving complaints by local residents, FFRF first contacted Franklin County about its unconstitutional nativity in 2010. That year the nativity scene was erected at the foot of the flag pole. FFRF renewed complaints in 2011 and 2013. The county refused to take down the religious scene, moving it closer to the courthouse entrance in 2011. Community members have held annual rallies around it, where a commissioner was quoted this year as saying, “The atheists and the liberals are taking over our country.”

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“There are ample private and church grounds where religious displays may be freely placed, said FFRF Co-President Annie Laurie Gaylor. “Once Franklin County enters into the religion business, conferring endorsement and preference for one religion over others, it strikes a blow at religious liberty, forcing citizens of all faiths and of no religion to support a particular expression of religion.”

The devotional Christian nativity scene on the Franklin County, Ind., courthouse lawn will come down this Friday, Dec. 26, instead of staying up through at least mid-January as it typically has for 50 previous years. The early removal comes pursuant to an agreement between the Freedom From Religion Foundation and the county, which it is suing. The county added a disclaimer to the nativity display for what appears to be the first time in the nativity scene’s 50-year history.

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Given the short deadline before Christmas, it seemed unlikely FFRF could have gotten a ruling on its preliminary injunction motion for immediate removal of the nativity scene, so FFRF agreed to drop the injunction motion in exchange for the nativity’s prompt removal.